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Don't call people that have sued before under the TCPA: Previous Litigators.

[fa icon="calendar"] May 13, 2016 10:43:23 AM / by Bob Traylor

Call center and phone marketing attorneys don't find out about previous TCPA case filers until it's too late. When their client has already been served. And more often than not, the professional consumer litigant they're engaged with has filed many times before. These easily identifiable call prohibition antagonists enjoy torturing ill prepared marketers and outreach campaigners. These are the folks causing most of the legal problems for businesses using the phone today. But it's not expensive or difficult to eliminate these pros from your call campaign lists with a little advanced planning. So what gives?



6 Reasons Every Marketer Should Avoid Calling Former TCPA Filers.


1. The high cost of defense.

You need to treat every accusation in the ultra-sensitive consumer and business phone environment today as a credible threat. It's not just about winning and losing. It's about sustaining your company long enough to recover. Until the next call altercation. The cookie cutter attorney letters just keep on coming. The only way to cut down: Don't call these pros.


2. Once you're engaged - it's too late!

Like fly paper and mud wrestling. Once you're engaged with this crowd, you won't be able to lose them. The deed is done. The damage made. Now it's time to pay the piper. Every call procedure, script, recording technique, disclosure and consent will be tested. By a pro. And they always find something.


3. Former TCPA Court Complainants are a required list for compliance.

Because of this, previous litigants are usually an afterthought. The majority of consumers, when upset with a phone marketer, don't know how to effectively respond. They're not familiar with various available remedies. And will be more easily appeased by good customer service and quick complaint resolutions. Keeping them quiet.

TCPA Court Pros are a different breed. They hang out together, turn right around and sue again - win or lose. They shun anyone using the phone, no matter what. And they know what they're doing.


4. Previous TCPA litigants set invisible traps.

They'll buy banks of cell phone numbers, waiting for you to call. They'll fill out lead forms on your website looking for a toehold on insufficient consent language. (See our blog on video proof for express written consent here).

5. Consumer litigants have laws in their favor.

It's not so much that you're ill-equipped to defend against TCPA prosecutors. It's just the laws are slanted for the consumer. Customers and prospects are further encouraged to complain by FTC and CFPB sites published weekly. Judge interpretations are heavily for consumers too. Highlighting call permissions that never seem to measure up. Or reversing established case law. Even allowing multiple filings of the same case in multiple districts to see what sticks.


6. Faithful scammers keep the issue front and center for sensitive consumers. 

To keep consumer wounds festering, scammers are fresh with robocalls touting new and creative schemes: "This is Jennie calling in response to your request for more information on our TV back special ad." I never responded to any TV commercial. "This is Jean your Google Ad Specialist. We've reserved a front page ad for you." Google doesn't make marketing calls.

There is no Jennie or Jean. And that's the scammer tip of the iceberg. Everything from bogus credit consolidators hiding near true names in Google rankings - to fly by night payday lenders mixed in with the big players.  And it can be tough to tell the difference. Keeping the public poised to complain at any new or returned call!



How to win with Former TCPA Filers? Don't call em'!

The only way to break free of this small but most dangerous group is don't call them. You've spent alot of money, time and effort on having a robust TCPA legal platform on which to rely. But the FCC has refused to continually review and clarify these laws. In fact, they continue to let them play out in the courts. Bottom line: We don't know exactly what judges will say in many TCPA cases.

Predatory attorneys, professional consumer TCPA litigants and everyone in between knows this. And will continue to exploit embarrassingly unequal discrepancies in the law. 


For more information on how to not call people that have sued previously under the TCPA, call me at 561-317-3001 or email here - Bob


Related Articles:

 DNC Compliance Guide


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Topics: Litigator Scrub

Bob Traylor

Written by Bob Traylor

My name is Bob Traylor. Myself, along with my industry friends and leaders, write every DNC Blog on this website personally. We’re not here to regurgitate the latest case law, or confuse, obfuscate, and paralyze. We’re here to help you ask the right DNC questions on your road to appropriate call protections. To point you in the right direction for a more trouble-free outreach calling experience.

And go ahead and sign-up to receive these blogs. You’ll find tips, tricks and secrets that will make a difference in your daily compliance initiatives – I guarantee it! - Enjoy!

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Bob's Missionbob_mission

To help keep you out of trouble with out-of-control DNC & TCPA rules and professional consumer litigants wanting to squeeze every drop of money from your challenged coffers!

I also pick up the phone, so you can call my personal line directly at  561-317-3001 with any specific questions.

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